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(영문) 대법원 2017.11.14 2016다264174
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The court below partly accepted the judgment of the court of first instance and determined that the enactment of the military law of this case by the defendant U.S. does not have jurisdiction over the act of the State's sovereign act and its jurisdiction.

Examining the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

2. The lower court, citing the first instance judgment, determined that the Plaintiff’s claim for damages extinguished by prescription, even if tort liability is recognized, since the Act on the Report of Civil Claim for Damages against the Person who deposited money in accordance with the Military Affairs Act and subordinate statutes of the instant case determined matters concerning the remedy for damages and the compensation therefor.

Examining the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

3. The appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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